Rank: New forum user 
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Hi,
If someone has an accident at work and comes back to work for the full day the following day, then goes off work for 2 weeks the day after claiming the reason to be the injury caused by the accident, would this be reported as an over 3 day accident?
I'm assuming it would be but I have so far been unable to find this stated in the legislation. Could anyone help me locate the section within the legislation stating this please?
Thanks
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Rank: Super forum user 
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You're right (assuming the absence is due to the injury), and it's in the guidance document on the HSE website (which can find under "report an accident").
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Rank: New forum user
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Thanks.
Do we have to report the accident if we do not feel the injury is genuine? There are serious doubts that the injury warrants any time off. The individual continued to work for the rest of the day following the accident, then the full day following, doing manual work and operating machinery.
We have also had previous problems with this individual for some time.
Cheers
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Rank: Super forum user 
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Rank: Super forum user
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Fisher
You say you have "serious doubts" that the injury warrants the time off, but can you prove that if the HSE calls?
If you are certain the injury/time off is not work related then you don't need to report, but you say that the staff member was involved in manual work following the accident. Could this work have exacerbated the injury so resulting in the time off?
If you are having problems with an employee than get HR to deal with it as you would any other issue, but I don't think not reporting a RIDDOR through "serious doubts" and not firm evidence is dangerous ground.
Brian
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Rank: Super forum user
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I agree with Max that you still need to report.
However your accident investigation and your return to work process may reveal that this is somebody swinging the lead and you can deal accordingly.
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Rank: Super forum user
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I've had a few issues with this before, however we have reported it as a RIDDOR, then put a PI on to people who then found them shopping, mini cabbing etc even though the have been "signed off by their docter" claiming they can barely move etc. action was then taken.
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Rank: New forum user
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Regulation 3 (2) says more than 3 consecutive days but does not say "immediately after the accident" so return for a day but later a problem occurs then more than 3 consecutive days counts. (however as notification has to be within 10 days of accident excessive delay would not be reasonable.
The duty holder (employer) must decide if the absence was due to an injury resulting from an accident arising out of or in connection with work. A GP may sign someone off but the employer has the perogative to engage a private physician to examine and state if the person is fit to resume their normal work (a Fit Note). Sometimes the cost of a private medical is worth it.
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Rank: Super forum user
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Yes it is reportable, but I would interview him, do my investigation, under the fit to work I would offer other work to him/her to see if they would accept it, and then get occupational health involved to see if there is likely to Be a claim, then pass it on to our insurance consultants
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Rank: Super forum user 
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But there is an obvious dilemma here. > 3-day criteria is not concerned wit "absence", rather with the employee being unable to carry out the full range of duties.
Here we have a situation where the employee carried on for 2 days doing that full range of duties.
Unless there was some later "event" there is a reasoned argument not to report (cause and effect?) and to question this absence.
Your call though!
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